Australian Capital Territory Numbered Ordinances

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Instruments (Amendment) Ordinance 1989

AUSTRALIAN CAPITAL TERRITORY

Instruments (Amendment) Ordinance 1989

No. 5 of 1989

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 22 February 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

CLYDE HOLDING

Minister of State for the Arts
and Territories

An Ordinance to amend the Instruments Ordinance 1933

Short title

1. This Ordinance may be cited as the Instruments (Amendment) Ordinance 1989.1

Principal Ordinance

2. In this Ordinance, “Principal Ordinance” means the Instruments Ordinance 1933.2

Interpretation

3. Section 5 of the Principal Ordinance is amended by inserting the following definition:

“ ‘ determined fee’ means the fee determined pursuant to section 37 for the purposes of the provision in which the expression occurs;”.

Bills of sale—registration

4. Section 9 of the Principal Ordinance is amended—

(a) by omitting from section (1) all the words from and including “or, in the case of,” to and including “Ordinance,” (last occurring); and

(b) by inserting after subsection (1) the following subsection:

“(1A) A bill of sale left in the office of the Registrar shall be accompanied by the determined fee.”.

Bills of sale—transferable

5. Section 13 of the Principal Ordinance is amended by inserting in subsection (2) “, on payment of the determined fee,” after “shall”.

Lien on yearly crops

6. Section 17 of the Principal Ordinance is amended by adding at the end the following subsection:

“(2) A lien left in the office of the Registrar for registration shall be accompanied by the determined fee.”.

Lien on crops—transferable

7. Section 21 of the Principal Ordinance is amended by inserting in subsection (2) “, on payment of the determined fee,” after “shall”.

Right of lienee to wool as security etc.

8. Section 25 of the Principal Ordinance is amended by adding at the end the following subsection:

“(2) A lien left in the office of the Registrar for registration shall be accompanied by the determined fee.”.

Right of mortgagor where mortgagee in possession

9. Section 27 of the Principal Ordinance is amended by adding at the end the following subsection:

“(2) A mortgage of stock left in the office of the Registrar for registration shall be accompanied by the determined fee.”.

Liens on wool and stock mortgages—transferable

10. Section 29 of the Principal Ordinance is amended by inserting in subsection (2) “, on payment of the determined fee,” after “shall”.

Registration of satisfaction of mortgage

11. Section 32 of the Principal Ordinance is amended by inserting “and on payment of the determined fee” after “relates”.

Search of registers etc.

12. Section 36 of the Principal Ordinance is amended—

(a) by omitting subsection (1) and substituting the following subsection:

“(1) A person may, on payment of the determined fee, search any book, index or register, kept pursuant to this Ordinance, during normal working hours.”; and

(b) by omitting from section (2) “upon paying the prescribed fee” and substituting “on payment of the determined fee”.

Substitution

13. Section 37 of the Principal Ordinance is repealed and the following sections are substituted:

Power of Minister to determine fees

“37. The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Ordinance.

Payment of determined fees

“37A. Where a fee is payable under this Ordinance the fee shall be paid to the Registrar.”.

Regulations

14. Section 38 of the Principal Ordinance is amended by omitting all the words after “Ordinance” (third occurring).

Repeal

15. Schedule 7 to the Principal Ordinance is repealed.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 8 March 1989.

2. No. 25, 1933 as amended by No. 35, 1933; No. 1, 1936; Nos. 25 and 35, 1938; No. 10, 1949; No. 19, 1966; No. 36, 1967; No. 65, 1977; No. 46, 1978; No. 88, 1982; No. 37, 1987.

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